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  1. #1
    Join Date
    Nov 2016
    Posts
    3

    Default Revocation of a Federal Job Offer Due to a Preference Error

    My question involves labor and employment law for federal employment with the Department of the Army.

    I applied for a federal government position that was open to "all us citizens" meaning anyone can apply. I submitted my resume claimed five veteran points and included my DD-214 for the time I was on active duty for 1 year as a reservist. I was referred after my stuff was looked over and received a phone interview in September. September 22, 2016 I received a Tenative Offer, stating location, job title, pay, no relocation (I relocate myself), all of that pending successful completion of required conditions of employment. It instructed not to take any actions that cannot be reversed(quitting current job, moving etc).

    I completed all of the tasks for qualification determination and received a confirmation email with my FIRM offer on November 1st . It states congratulations on completing the employment inquiry here is your firm offer for a fully time permanent position at the location below. It included pay, location and EOD (start date of 28 November). Attached were inprossesing sheets that covered military stays and education, and other forms. It listed contacts for me insight including sponsor and supervisor. Great news! I called the HR rep who sent it and confirmed with her and she confirmed it and that I could begin to plan my relocation of my family of 5 to that state. We have been saving to relocate ourself and my wife and I went house hunting. All forms have been turned in and I gave my 2 weeks at my job and my last day was November 23. and I have been preparing for my relocation. My wife and found a house and have applied for a mortgage and are expected to close in mid December.

    Today (November 23 I receive a call stating that there is an issue with my military experience and the veterans preference points I had on my application that was open to all us citizens. She said that my preference is not legit and that others who are were passed up in the process. She said her supervisor will be contacting me Monday November 28 about it. I am relocating and driving there November 25 to start the 28 as agreed. I am preparing to close on a house move my family and today was my last day at my job. I turned in badges and completed all out processing on the firm offer. The lady told me to show up day one but I am not sure what to think. If they revoke my offer after all the open communication I have had and all of the plans and preparation I have made to take and relocate to his federal job can I do anything? Would Detrimental Reliance help me or anything else. Please let me know what you think

  2. #2
    Join Date
    Oct 2016
    Location
    Florida
    Posts
    26

    Default Re: Federal Employment Detrimental Reliance

    You need to determine what error was made in your veterans preference. Do a Google search on Veteran's Preference to determine if you qualify for 0, 5 or 10 points of preference. Even if you do, that's not a guarantee of a job, as you're still competing with others at that level. The employing agency should be able to tell you what the error was. Don't assume they were correct until you check.

    If they made an error there is nothing that you can do. Having been involved in Federal hiring I can tell you that if they determined after you reported for duty that you did not meet the qualifications you would be an illegal hire. The only remedy to the Federal Government for their mistake of an illegal hire is to fire the employee at that time, unless they can come up with some other appointment the employee may be eligible for. Even then, they are not required to do that.

    I suspect there is a selecting official who is extremely embarrassed right now, but that's consolation to you.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Federal Employment Detrimental Reliance

    So, what is the issue she spoke of when she said your preference is not legit? If they discovered your claims were not truthful, they have a valid reason to rescind their offer.

  4. #4
    Join Date
    Nov 2016
    Posts
    3

    Default Re: Federal Employment Detrimental Reliance

    Quote Quoting jk
    View Post
    So, what is the issue she spoke of when she said your preference is not legit? If they discovered your claims were not truthful, they have a valid reason to rescind their offer.
    She said it was an error somewhere is their eligibility checks. She said that I am still eligible, but others with the higher veterans preferences were overlooked as a result of the error.

  5. #5
    Join Date
    Oct 2016
    Location
    Florida
    Posts
    26

    Default Re: Federal Employment Detrimental Reliance

    Quote Quoting JH91
    View Post
    She said it was an error somewhere is their eligibility checks. She said that I am still eligible, but others with the higher veterans preferences were overlooked as a result of the error.
    That's unfortunate for you because, if she did make an error like that, she had no alternative but to rescind the offer of employment (or terminate your employment if you were already there.)

  6. #6
    Join Date
    Nov 2016
    Posts
    3

    Default Re: Federal Employment Detrimental Reliance

    What a crappy feeling right before Thanksgiving... land a dream GS job... quit current job.... prepare to uproot wife and three kids under 4 across the country... all for them to possibly tell me oh our bad, thanks for playing.

  7. #7
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Federal Employment Detrimental Reliance

    Quote Quoting JH91
    View Post
    What a crappy feeling right before Thanksgiving... land a dream GS job... quit current job.... prepare to uproot wife and three kids under 4 across the country... all for them to possibly tell me oh our bad, thanks for playing.
    Is there any chance at all that you can talk to your former employer about taking you back? I know...awkward...but maybe they can give you a solid reference?

    And here it is the holiday and every office will be closed.

    I'm sorry that happened to you.

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